appeal

On Sept 8, the Federal Court granted the NRD and two others leave to appeal against the appellate court’s decision that a Muslim child conceived out of wedlock can have the father’s surname instead of ‘Abdullah’. — Picture by Miera Zulyana

PUTRAJAYA, Oct 9 — The Federal Court has fixed Feb 7 next year to hear the appeal by the National Registration Department (NRD) and two others against a ruling that a Muslim child conceived out of wedlock can bear his or her father’s surname instead of “Abdullah”.

Federal Court deputy registrar Syahrin Jeli Bohari set the hearing date for the appeal when the matter came up before her for case management today.

Present at the proceeding were senior federal counsel Aida Nurdiana Che Kamarulzaman, representing the NRD, its director-general and the Government of Malaysia, while lawyer Haziq Othman appeared for the Johor Islamic Religious Council and lawyer Kiattilin Sommat, representing the parents and the child.

The parties in the case were also instructed to file their respective submissions two weeks before the hearing.

On Sept 8, the Federal Court granted the NRD and two others leave to appeal against the appellate court’s decision that a Muslim child conceived out of wedlock can have the father’s surname instead of “Abdullah”.

Three legal questions were posed for determination by the Federal Court.

On May 25, this year the Court of Appeal allowed the appeal brought by the couple and their child who filed a judicial review to compel the NRD director-general to replace the child’s surname “Abdullah” with the name of the child’s father in the birth certificate.

The Court of Appeal, in a written judgment released on July 25 this year, said the NRD director-general was not bound by the ‘fatwa’ or religious edict issued by the National Fatwa Committee to decide the surname of a Muslim child conceived out of wedlock.

In the judgment, the court said the director-general’s jurisdiction was a civil one and was confined to determining whether the child’s parents had fulfilled the requirements under the Births and Deaths Registration Act 1957 (BDRA), which covers all illegitimate children, Muslim and non-Muslim.

The court had held that a fatwa had no force of law and could not form the legal basis for the NRD director-general to decide on the surname of an illegitimate child under Section 13A (2) of the BDRA. — Bernama

PETALING JAYA: Twenty couples and two single parents have filed an intervener application to be made parties in a Federal Court appeal that will decide whether a Muslim child conceived out of wedlock can take his or her father’s surname instead of “Abdullah”.

The applicants, who are from Johor, Melaka, Selangor, Perlis and Pahang, filed their legal papers on Dec 14 but their identities could not be revealed due to the sensitivity of the issue.

Lawyer Lokman Hakim, who is appearing for the applicants, said they wanted to participate in the case as the court’s outcome would have an effect on their children.

He said a 2003 fatwa issued by the National Fatwa Committee that an illegitimate child (“anak tak sah taraf”) should not be given the surname (“tidak boleh dinasabkan”) of the father or the person claiming to be the father was invalid.

Bilqis (right) was previously acquitted on July 1, 2017 by the Magistrates’ Court without her defence being called. — Picture by Miera Zulyana via Malay Mail Online

KUALA LUMPUR, Jan 17 — The prosecution has again appealed against the acquittal of dance producer Bilqis Hijjas of a charge of “insulting behaviour” for dropping yellow balloons at a 2015 event graced by the prime minister.

Latheefa Koya, a lawyer for Bilqis, today said: “Our client just informed that she has been served the notice of appeal.”

When contacted, Bilqis — also popularly known as the “balloon girl” — confirmed that she had received the notice of appeal.

Lawyer says notice given by prosecution of appeal to enhance RM10,000 fine imposed by Magistrate’s Court, as defence too appeals against conviction and fine. Pic from FMT News.

PETALING JAYA: Not satisfied with the Kuala Lumpur Magistrate’s Court imposition of a RM10,000 fine on Lena Hendry, the public prosecutor is now filing an appeal for a more severe punishment, Malaysiakini reported today.

New Sin Yew told the news portal that his client had receive a letter informing her of the decision to appeal.

“Yes, the prosecutors are appealing the RM10,000 fine. Lena received the letter informing her of the matter,” he was quoted as saying, adding that he too, was appealing against the conviction and fine.

On March 22, Hendry, who is Pusat Komas programme manager, was fined RM10,000 for airing an uncensored documentary on the Sri Lankan civil war in 2013.

The previous month, on Feb 21, she was found guilty of the charge under Se

ction 6(1)(b) of the Film Censorship Act for showing No Fire Zone: The Killing Fields of Sri Lanka, a documentary on the Sri Lankan civil war that lasted for 26 years. Read more →

The hearing for the Court of Appeal’s decision on Adam Adli’s final appeal against his conviction on a sedition charge will resume 1 March 2017 at the Court of Appeal in Putrajaya.

Student activist Adam Adli Abdul Halim – pic taken from says.com

This follows a postponement by the Court at yesterday’s proceedings after after the presiding judge Datuk Wira Mohtarudin Baki recused himself from the case after deputy public prosecutor Faiza Mohd Salleh pointed out that Mohtarudin was on the panel that acquitted another student activist, Muhammad Safwan Anang, of a similar sedition charge last year.

Adam was handed a jail sentence of 12 months by the Sessions Court on Nov 19, 2014 after he was found guilty of giving a seditious speech at a rally in the Kuala Lumpur and Selangor Chinese Assembly Hall in Jalan Maharajalela, Dang Wangi here between 8.55pm and 11.15pm on May 13, 2013.

On an appeal in November 2016, the High Court decided that his conviction should be upheld but substituted the 12 months’ jail sentence imposed on him by the Sessions Court with a fine of RM5,000.

Today, the Court of Appeal will decide on his appeal against his conviction and the prosecution’s cross-appeal against the High Court decision to substitute the custodial sentence with a RM5,000 fine.

Adam Adli Abdul Halim is appealing his 2014 conviction in the Sessions Court, which found him guilty under the Sedition Act for a speech he made during a rally at the Kuala Lumpur and Selangor Chinese Assembly Hall on May 13, 2013 and sentenced him to a year in prison. — Picture by Choo Choy May.

PUTRAJAYA, Feb 28 — The Court of Appeal hearing of student activist Adam Adli Abdul Halim’s appeal against his sedition conviction was postponed after a presiding judge recused himself from the case today.

At the start of today’s proceedings, deputy public prosecutor Faiza Mohd Salleh pointed out that Datuk Wira Mohtarudin Baki was on the panel that acquitted another student activist, Muhammad Safwan Anang, of a similar sedition charge last year.

“You’re putting me in awkward position. If you think (there is a) likelihood of bias… I withdraw myself,” Mohtarudin said in court.

The other two judges on the panel, Datuk Harminder Singh and Datuk Abdul Karim Abdul Jalil, then set for the hearing to resume tomorrow. Read more →

The decision on Adam Adli’s final appeal against his conviction on a sedition charge will be given by the Court of Appeal on 28 February 2017 at 9.00am at Court of Appeal Court 3 in Putrajaya.

Adam was handed a jail sentence of 12 months by the Sessions Court on Nov 19, 2014 after he was found guilty of giving a seditious speech at a rally in the Kuala Lumpur and Selangor Chinese Assembly Hall in Jalan Maharajalela, Dang Wangi here between 8.55pm and 11.15pm on May 13, 2013.

On an appeal in November 2016, the High Court decided that his conviction should be upheld but substituted the 12 months’ jail sentence imposed on him by the Sessions Court with a fine of RM5,000.

Today, the Court of Appeal will decide on his appeal against his conviction and the prosecution’s cross-appeal against the High Court decision to substitute the custodial sentence with a RM5,000 fine.

PUTRAJAYA, Dec 6 — The Court of Appeal has set Feb 2, next year for hearing of student activist Adam Adli Abdul Halim’s appeal against his conviction for sedition.

The prosecution is also cross-appealing against the High Court decision in substituting the 12 months’ jail sentence imposed on him by the Sessions Court, with a fine of RM5,000.

A three-man panel led by Justice Datuk Wira Mohtarudin Baki fixed the hearing date after the matter was mentioned before the court today, pending the decision in another sedition appeal in the case of Muhammad Safwan Anang.

Deputy public prosecutor Nurshafini Mustafha informed the court the prosecution would want to study the court’s verdict in Muhammad Safwan case.

Mohtarudin, however, suggested to set the hearing date and on that day, the prosecution could decide if they wanted to withdraw their appeal or proceed.

He said one of the judges presiding on the Court of Appeal panel in Muhammad Safwan’s case was still on medical leave.

On July 18, the Court of Appeal’s three-member panel comprising justices Mohtarudin, Datuk Seri Zakaria Sam and Datuk Dr Prasad Sandosham Abraham reserved their judgment after hearing submission in the appeal by Muhammad Safwan, a former student activist, over his conviction for making a seditious speech at the Kuala Lumpur and Selangor Chinese Assembly Hall in Jalan Maharajalela, Kuala Lumpur on May 13, 2013.

The prosecution is cross-appealing against the High Court decision in substituting the 10 months’ jail term imposed on Muhammad Safwan by the Sessions Court to RM5,000 fine, in default two years jail.

Adam Adli, meanwhile, was jailed 12 months by the Sessions Court on Nov 19, 2014 after he was found guilty of giving a seditious speech at a rally in the Kuala Lumpur and Selangor Chinese Assembly Hall in Jalan Maharajalela, Dang Wangi here between 8.55pm and 11.15pm on May 13, 2013.

He is appealing against his conviction while the prosecution is cross-appealing against the High Court decision to substitute the custodial sentence with a RM5,000 fine.

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